HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8124 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. (1) Heard learned counsel for the petitioner and Sri Varun Pandey, learned counsel appearing on behalf of the Union of India. (2) This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no.2 to issue the Passport to the petitioner forthwith, in the interest of justice. Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party no.2 to decide the representation dated 5.8.2025 made by the petitioner contained in Annexure No.1 to this writ petition by a speaking and reasoned order within a period as fixed by this Hon'ble Court, in the interest of justice." (3) It has been submitted by the learned counsel for the petitioner that the petitioner submitted the application for issuance of passport on 19.06.2025 on which the Police submitted a report regarding pendency of a criminal case bearing Case Crime No.0401 of 2020 under Sections 323, 504 and 506 of the I.P.C. The respondent no.2 issued a letter on 11.07.2025 calling explanation from the petitioner of the aforesaid case. The petitioner submitted his explanation on 05.08.2025, but till date no decision has been taken in the matter. Hence this petition has been filed. Versus Counsel for Petitioner(s) : Ajay Kumar Gupta Counsel for Respondent(s) : A.S.G.I., C.S.C. Raj Kumar .....Petitioner(s) Union Of India Thru. Secy. Ministry External Affairs Delhi And 2 Others .....Respondent(s) (4) Learned Counsel appearing on behalf of the Respondent nos.1 and 2 has pointed out that under Sub-Section (2) Clause-F of Section-6 of the Passport Act, the issuance of Passport can be withheld by the Regional Passport Officer, in case criminal proceedings are pending against the applicant. (5) In the case of the petitioner a criminal case is pending, details of which are given below:- "(i) Case Crime No.0401 of 2020 under Sections 323, 504 and 506 of the I.P.C., Police Station Mahrajganj, District Ayodhya" (6) It has been submitted by learned counsel for the petitioner that Investigating Officer has filed the charge-sheet against the petitioner on 22.09.2020 under Sections 323, 504 and 506 of the I.P.C. in Case Crime No.0401 of 2020. (7) Learned counsel for the respondents has pointed out the Government of India Notification dated 25.08.1993 and the judgment of this Court in the case of Saleem Khan Vs. Union of India and Another, decided on 20.11.2018 in Writ Petition No.31723 (M/B) of 2018. (8) This writ petition is finally disposed of with a direction to the petitioner to approach the Trial Court where the criminal case is pending and seek permission by way of an appropriate application. Only after such permission is granted by the learned Trial Court, the petitioner may approach the Regional Passport Officer, who may pass an appropriate order, in accordance with law, thereafter. August 26, 2025 Rahul WRIC No. 8124 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench